(1) For any licensee, his, her, its or their servants, agents
or employees to sell, give or dispense, or any individual to drink
or consume, in or on any licensed premises or in any rooms directly
connected therewith, nonintoxicating beer or cooler on weekdays
between the hours of two o'clock a.m. and seven o'clock a.m., or
between the hours of two o'clock a.m. and one o'clock p.m., on any
Sunday, except in private clubs licensed under the provisions of
article seven, chapter sixty of this code, where the hours shall
conform with the hours of sale of alcoholic liquors;

(2) For any licensee, his, her, its or their servants, agents
or employees to sell, furnish or give any nonintoxicating beer as
defined in this article to any person visibly or noticeably
intoxicated or to any person known to be insane or known to be a
habitual drunkard;

(3) For any licensee, his, her, its or their servants, agents
or employees to sell, furnish or give any nonintoxicating beer as
defined in this article to any person who is less than twenty-one
years of age;

(4) For any distributor to sell or offer to sell, or any
retailer to purchase or receive, any nonintoxicating beer as
defined in this article, except for cash and no right of action
shall exist to collect any claims for credit extended contrary to
the provisions of this subdivision. Nothing herein contained shall prohibit a licensee from crediting to a purchaser the actual price
charged for packages or containers returned by the original
purchaser as a credit on any sale, or from refunding to any
purchaser the amount paid or deposited for the containers when
title is retained by the vendor: Provided, That a distributor may
accept an electronic transfer of funds if the transfer of funds is
initiated by an irrevocable payment order on the invoiced amount
for the nonintoxicating beer. The cost of the electronic fund
transfer shall be borne by the retailer and the distributor must
initiate the transfer no later than noon of one business day after
the delivery;

(5) For any brewer or distributor or brewpub or his, her, its
or their agents to transport or deliver nonintoxicating beer as
defined in this article to any retail licensee on Sunday;

(6) For any brewer or distributor to give, furnish, rent or
sell any equipment, fixtures, signs or supplies directly or
indirectly or through a subsidiary or affiliate to any licensee
engaged in selling products of the brewing industry at retail or to
offer any prize, premium, gift or other similar inducement, except
advertising matter of nominal value, to either trade or consumer
buyers: Provided, That a distributor may offer, for sale or rent,
tanks of carbonic gas. Nothing herein contained shall prohibit a
brewer from sponsoring any professional or amateur athletic event
or from providing prizes or awards for participants and winners in
any events: Provided, however, That no event shall be sponsored which permits actual participation by athletes or other persons who
are minors, unless specifically authorized by the commissioner;

(7) For any licensee to permit in his or her premises any
lewd, immoral or improper entertainment, conduct or practice;

(8) For any licensee except the holder of a license to operate
a private club issued under the provisions of article seven,
chapter sixty of this code or a holder of a license or a private
wine restaurant issued under the provisions of article eight of
said chapter to possess a federal license, tax receipt or other
permit entitling, authorizing or allowing the licensee to sell
liquor or alcoholic drinks other than nonintoxicating beer;

(9) For any licensee to obstruct the view of the interior of
his or her premises by enclosure, lattice, drapes or any means
which would prevent plain view of the patrons occupying the
premises. The interior of all licensed premises shall be
adequately lighted at all times: Provided, That provisions of this
subdivision do not apply to the premises of a Class B retailer, the
premises of a private club licensed under the provisions of article
seven, chapter sixty of this code or the premises of a private wine
restaurant licensed under the provisions of article eight of said
chapter;

(10) For any licensee to manufacture, import, sell, trade,
barter, possess or acquiesce in the sale, possession or consumption
of any alcoholic liquors on the premises covered by a license or on
premises directly or indirectly used in connection therewith: Provided, That the prohibition contained in this subdivision with
respect to the selling or possessing or to the acquiescence in the
sale, possession or consumption of alcoholic liquors is not
applicable with respect to the holder of a license to operate a
private club issued under the provisions of article seven, chapter
sixty of this code nor shall the prohibition be applicable to a
private wine restaurant licensed under the provisions of article
eight of said chapter insofar as the private wine restaurant is
authorized to serve wine;

(11) For any retail licensee to sell or dispense
nonintoxicating beer, as defined in this article, purchased or
acquired from any source other than a distributor, brewer or
manufacturer licensed under the laws of this state;

(12) For any licensee to permit loud, boisterous or disorderly
conduct of any kind upon his or her premises or to permit the use
of loud musical instruments if either or any of the same may
disturb the peace and quietude of the community wherein the
business is located: Provided, That no licensee may have in
connection with his or her place of business any loudspeaker
located on the outside of the licensed premises that broadcasts or
carries music of any kind;

(13) For any person whose license has been revoked, as
provided in this article, to obtain employment with any retailer
within the period of one year from the date of the revocation, or
for any retailer to knowingly employ that person within the specified time;

(14) For any distributor to sell, possess for sale, transport
or distribute nonintoxicating beer except in the original
container;

(15) For any licensee to knowingly permit any act to be done
upon the licensed premises, the commission of which constitutes a
crime under the laws of this state;

(16) For any Class B retailer to permit the consumption of
nonintoxicating beer upon his or her licensed premises;

(17) For any Class A licensee, his, her, its or their
servants, agents or employees, or for any licensee by or through
any servants, agents or employees, to allow, suffer or permit any
person less than eighteen years of age to loiter in or upon any
licensed premises; except, however, that the provisions of this
subdivision do not apply where a person under the age of eighteen
years is in or upon the premises in the immediate company of his or
her parent or parents, or where and while a person under the age of
eighteen years is in or upon the premises for the purpose of and
actually making a lawful purchase of any items or commodities
therein sold, or for the purchase of and actually receiving any
lawful service therein rendered, including the consumption of any
item of food, drink or soft drink therein lawfully prepared and
served or sold for consumption on the premises;

(18) For any distributor to sell, offer for sale, distribute
or deliver any nonintoxicating beer outside the territory assigned to any distributor by the brewer or manufacturer of nonintoxicating
beer or to sell, offer for sale, distribute or deliver
nonintoxicating beer to any retailer whose principal place of
business or licensed premises is within the assigned territory of
another distributor of such nonintoxicating beer: Provided, That
nothing herein is considered to prohibit sales of convenience
between distributors licensed in this state wherein one distributor
sells, transfers or delivers to another distributor a particular
brand or brands for sale at wholesale; and

(19) For any licensee or any agent, servant or employee of any
licensee to knowingly violate any rule lawfully promulgated by the
commissioner in accordance with the provisions of chapter
twenty-nine-a of this code.

(b) Any person who violates any provision of this article
including, but not limited to, any provision of this section, or
any rule, or order lawfully promulgated by the commissioner, or who
makes any false statement concerning any material fact in
submitting application for license or for a renewal of a license or
in any hearing concerning the revocation thereof, or who commits
any of the acts herein declared to be unlawful is guilty of a
misdemeanor and, upon conviction thereof, shall be punished for
each offense by a fine of not less than twenty-five nor more than
five hundred dollars, or confined in the county or regional jail
for not less than thirty days nor more than six months, or by both
fine and confinement. Magistrates shall have concurrent jurisdiction with the circuit court and any other courts having
criminal jurisdiction in their county for the trial of all
misdemeanors arising under this article.

(c) (1) A Class B licensee that:

(A) Has installed a transaction scan device on its licensed
premises; and

(B) Can demonstrate that it requires each employee, servant or
agent to verify the age of any individual to whom nonintoxicating
beer is sold, furnished or given away by the use of the transaction
device may not be subject to: (i) Any criminal penalties
whatsoever, including those set forth in subsection (b) of this
section; (ii) any administrative penalties from the commissioner;
or (iii) any civil liability whatsoever for the improper sale,
furnishing or giving away of nonintoxicating beer to an individual
who is less than twenty-one years of age by one of his or her
employees, servants or agents. Any agent, servant or employee who
has improperly sold, furnished or given away nonintoxicating beer
to an individual less than twenty-one years of age is subject to
the criminal penalties of subsection (b) of this section. Any
agent, servant or employee who has improperly sold, furnished or
given away nonintoxicating beer to an individual less than
twenty-one years of age is subject to termination from employment,
and the employer shall have no civil liability for the termination.

(2) For purposes of this section, a Class B licensee can
demonstrate that it requires each employee, servant or agent to verify the age of any individual to whom nonintoxicating beer is
sold by providing evidence: (A) That it has developed a written
policy which requires each employee, servant or agent to verify the
age of each individual to whom nonintoxicating beer will be sold,
furnished or given away; (B) that it has communicated this policy
to each employee, servant or agent; and (C) that it monitors the
actions of its employees, servants or agents regarding the sale,
furnishing or giving away of nonintoxicating beer and that it has
taken corrective action for any discovered noncompliance with this
policy.

(3) "Transaction scan" means the process by which a person
checks, by means of a transaction scan device, the age and identity
of the cardholder, and "transaction scan device" means any
commercial device or combination of devices used at a point of sale
that is capable of deciphering in an electronically readable format
the information enclosed on the magnetic strip or bar code of a
driver's license or other governmental identity card.

(d) Nothing in this article nor any rule or regulation of the
commissioner shall prevent or be considered to prohibit any
licensee from employing any person who is at least eighteen years
of age to serve in the licensee's lawful employ, including the sale
or delivery of nonintoxicating beer as defined in this article.
With the prior approval of the commissioner, a licensee whose
principal business is the sale of food or consumer goods or the
providing of recreational activities, including, but not limited to, nationally franchised fast food outlets, family-oriented
restaurants, bowling alleys, drug stores, discount stores, grocery
stores and convenience stores, may employ persons who are less than
eighteen years of age but at least sixteen years of age: Provided,
That the person's duties may not include the sale or delivery of
nonintoxicating beer or alcoholic liquors: Provided, however, That
the authorization to employ persons under the age of eighteen years
shall be clearly indicated on the licensee's license.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.